Archive for 'Business Law'

Finally……Employment Tribunal fees abolished!

The Supreme Court has handed down Judgment in the case commonly known as ‘the appeal against Employment Tribunal fees’.

The court conclusively found that the fees prevented access to justice and that they were therefore unlawful. They are to be abolished and a refund given to all those who have paid fees over the last 3/4 years.

So…… what now? What of those who have been denied access to an ET between 2013 and now?

It is possible that having been found the ...

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Holiday requests – when can an employer say ‘no’?

Its holiday time and employers usually find themselves receiving an increasing number of holiday requests.

Whilst an employer may want to grant holiday requests, this simply isn’t always possible. Consideration must be given to ensure an organisation is adequately staffed to meet business demands, as well as looking after the well-being of the workers. Not always easy!

If an Employer decides to turn down a request it is inevitably going to be a difficult conversation.

Workers have a legal right to ...

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Exclusivity clauses in zero-hours contracts finally banned

Some two months after claiming that they had been banned, the government has finally acted to outlaw the use of exclusivity clauses in zero-hours contracts from 26 May 2015. This and other employment law-related measures are contained in the first commencement order made under the Small Business, Enterprise and Employment Act 2015.

The provisions of the Act, as they affect employment law, coming into force on 26 May are:

Section 153 – this section bans the use of exclusivity clauses in ...

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Help for small businesses?

Sajid Javid, the new Business Secretary, has announced the creation of a new “small business conciliation service” which will aim to resolve payment disputes where that business is owed money by a large firm. Based upon an Australian model, the service will allow small companies who are owed money to attempt to resolve disputes without issuing a claim or a winding up petition. If both parties engage, this would be a key tool for small businesses ...

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That’s entertainment!

The entertainment exemptions under the Licensing Act are now in force. Live music in premises licensed for the sale of alcohol, and for an audience of up to 500, no longer requires an authorisation. Karaoke is included within the definition, although depending upon the participants this may be an overly generous description of entertainment! Films can also be shown although only as an ancillary activity. Some forms of entertainment have not benefitted from deregulation – entertainment of a sexual nature, ...

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Fines unlimited!

The cap on the maximum fine that can be imposed for many licensing offences has been abolished. The Magistrates’ Court can now impose an unlimited fine in respect of certain offences under the Licensing Act 2003, including allowing the sale of alcohol to children, exposing alcohol for unauthorised sale and carry on unauthorised Licensable Activities.

It is now more important than ever to make sure that you are operating within the law and the terms of your licence.

For advice ...

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Last minute Licensing Changes!

In the final throes of the current Parliament, the Deregulation Act 2014 has received Royal assent. The most important changes are the deregulation of live music in licensed premises, the increase in the number of Temporary Event Notices per year to 15 and the abolition of the requirement to renew a personal licence. And of course the news that everyone has been waiting for – it is no longer an offence to sell liqueur chocolates to children!

For more detailed ...

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Flexible Working – changes in force on 30 June 2014

Flexible Working – The key change this month is the introduction of the Flexible Working Regulations 2014 which will came into force on 30 June 2014.

They are supported by an ACAS Code of Practice and a Guide to Handling Requests To Work Flexibly. The Code of Practice provides an essential checklist and the Guide provides broader information and includes some useful examples.

In summary the new legislation means that:

All employees with at least 26 weeks’ continuous service will have ...

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Redundancies at Barclays Bank

The news today reports that Barclays Bank have ‘taken the axe’ to its controversial investment banking division, and have said it would sack thousands of highly-paid bankers.

A total of 7,000 jobs will apparently go in its investment division, including more than 2,000 in the UK, which “marks the end of an era for the high-stakes casino banking which defined the financial crisis”.

It is reported that plan will cut a total of 19,000 jobs around the world by 2016, including the ...

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TUPE rules change as at 31 January 2014

A new set of requirements affecting business transfers and outsourcing came into force on the 31st January.

Changes at a Glance

Relevant transfers
Service provision changes

Change 1: The activities carried out under outsourced or tendered work must be “fundamentally the same” for TUPE to apply.

Contracts of employment
Changes to terms and conditions

Change 2: Altering contractual terms and conditions.

Change 3: Dismissals are no longer automatically unfair because of a change in the workplace location.

Change 4: Terms and conditions from collective agreements ...

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